Elections - Favors for Votes

Started by MarkH29 • 9 replies • 318 views

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MarkH29 (California)
Posts: 3

Posted:

I have recently been told that a board candidate is going door to door and holding zoom meetings allegedly promising favors to owners for votes to elect themselves and/or their group that is trying to take majority control of the HOA Board. Specific favors have been named such as approval of pending or denied architectural requests for specific units that have been denied or are pending for the board based on open meeting information.

Our election rules appear to be a boiler plate of all the HOA election laws in California and not specific to the building but includes Prohibited Activities "Attempting to solicit either a vote or proxy from another member through deceit, harassment, intimidation, improper influence, undue coercion, or force".

I have reported what I have been told to the Property Manager and I am running for the board as well as a current board member. Our annual election meeting is next week.

The owner involved appears to be disgruntled because of denied architectural requests that may violate fire or building codes and a rule change that prohibits the specific type of request.

People who may have been promised favors are probably not going to cooperate and a fine for violating the election rules is not likely a deterrent as the new Board who benefited from this activity will disregard or remove fines.

Challenging the election by an Owner seems costly and it is difficult to find attorney from what I read.

Any advice or suggestions?

MaxB4
Posts: 3,513

Posted:

So how has the candidate violated the election rules. Promising to do something that maybe the current board is doing incorrectly is not against the law.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By MarkH29 on 09/19/2021 2:48 PM
Any advice or suggestions?

Do not make accusations on the basis of hearsay.

MaxB4
Posts: 3,513

Posted:

Mark,

I will take what you said as fact, and not heresay. It doesn't rise to a violation of your election rules. I think I found the law firm that wrote these election rules. They are not written for a building, but based on the Civil Code, Corporation Code and then the Bylaws of your association. I found three sets of the same "boilerplate election rules", and they are specific to each association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mark

All is fair in love, war, and politics. Someone is kicking your ass to get elected and you are upset. You poor Little Darlin.

BenA2 (Texas)
Posts: 1,273

Posted:

I do not think there is necessarily a violation or anything improper. If a candidate promises to approve an application because they believe it should have been approved before, that is not improper. That sounds more like a promise to interpret the CC&Rs more in favor of the owners, as opposed to quid pro quo for a vote.

MarkH29 (California)
Posts: 3

Posted:

Quote:

Posted By BenA2 on 09/19/2021 3:56 PM
I do not think there is necessarily a violation or anything improper. If a candidate promises to approve an application because they believe it should have been approved before, that is not improper. That sounds more like a promise to interpret the CC&Rs more in favor of the owners, as opposed to quid pro quo for a vote.

It seems like a quid pro quo for a vote and promises to grant approval for things without Board authorization or authority. We also have open meeting laws in California where board decisions have to be done in an open meeting and not in secret.

BenA2 (Texas)
Posts: 1,273

Posted:

Quote:

Posted By MarkH29 on 09/19/2021 5:10 PM

It is inconceivable that the homeowner and the candidate both believe he can approve anything unilaterally. It sounds more like a promise to pursue an agenda of being more friendly to owners who submit applications. Even if the statement was exactly as you stated, I do not think it is reasonable to take it literally.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The point of electing someone to the board is for them to represent what you want. So what is wrong with the person saying they will do what they want if voted for? That is what they are there for...

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree that the optics aren't totally great, but depending on what's being promised it's probably OK. This sounds more like campaign promises. Now if the candidate were promising to lower assessments (personal or in general) that would be a problem because it's not something they have any control over and it may be a violation of the CC&Rs.

This sounds similar to soliciting proxies, which many think is wrong but in fact isn't.

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